When in the midst of a motorcycle accident, some victims and even their lawyers unfairly compare them with car accidents. While these situations can be similar (a negligent third party causes a vehicle accident, harming an innocent victim), a lot of the circumstances impacting motorcycle accident victims are things other motorists don’t have to deal with.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
So, in this guide, we’ll examine what makes motorcycle accidents different than car accidents. When you’re done exploring this blog and you still need help, call us at (405) 397-1717. A skilled Oklahoma City motorcycle attorney will be able to help you.
Motorcycle Accidents Usually Involve More Severe Injuries
It makes sense that motorcycle accidents can yield more severe injuries due to their lack of safety features compared to trucks or cars. For example, the National Safety Council (NSC) found that despite only accounting for approximately 3% of registered drivers, motorcycle accidents make up over 14% of all fatalities.
Examples of severe injuries receivable from motorcycle accidents include:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injury (SCI)
- Broken or Crushed Limbs
- Internal Bleeding
- Organ Failure
Additionally, because Oklahoma gives adult motorcycle riders the freedom to choose whether to wear helmets, accidents involving motorcycle riders not wearing a helmet and other motor vehicles are often more severe.
Bias Against Motorcyclists
Society at large is biased against motorcycle riders. This can be traced back to pop culture and other unfavorable depictions of motorcycle riders. Hollywood depicts motorcycle riders as wild, dangerous, and unstable.
Most motorcyclists enjoy riding their bikes, enjoying the scenic views and freedom it gives them. The stereotypes associated with this group of people are largely unfair and unfounded.
Additionally, this bias against motorcyclists can also be used by insurance companies when negotiating with adjusters and drafting settlement agreements. This can impact the total damages yielded in your Oklahoma City motorcycle case. Finally, insurance policies and coverage requirements for motorcycles can differ from those for cars. Motorcyclists might face higher premiums and different claim processes due to the higher risk associated with riding.
Not All Injury Lawyers Understand Motorcycle Accident Claims
Because of the bias and other factors stacked against motorcycle accident victims, many Oklahoma City injury lawyers treat motorcycle cases the same as any other motor vehicle accident. This is certainly not how your motorcycle case should be handled.
Here’s why picking an average personal injury lawyer for your motorcycle case might not be good enough.
Motorcycle Accident Lawyers Have Specialized Knowledge: Motorcycle accidents involve unique factors such as crash dynamics, common injuries, and specific safety regulations. Lawyers focusing primarily on motorcycle accidents will need specialized knowledge to handle these aspects effectively.
Different Legal Considerations: Motorcycles are governed by specific laws and regulations, such as helmet laws and lane-splitting rules, which differ from those for other vehicles. A lawyer unfamiliar with these nuances might miss critical details that could impact the case.
Distinct Injury Patterns: The types of injuries commonly sustained in motorcycle accidents, like road rash, traumatic brain injuries, and spinal cord injuries, require different medical expertise and understanding compared to injuries from car accidents. Oklahoma City accident lawyers not accustomed to these cases may not fully grasp the medical implications and necessary treatments.
Have a question for our skilled Oklahoma motorcycle accident lawyers? Call us at (405) 397-1717.
Insurance Coverage Differences in Motorcycle Claims
Oklahoma requires motorcyclists to carry the same minimum liability limits as car drivers: $25,000 per person / $50,000 per accident / $25,000 property damage. However, uninsured and underinsured motorist (UM/UIM) coverage — which is critical for motorcyclists given the severity of their injuries — must be offered by insurers but can be rejected in writing. Many riders decline it to save on premiums, which becomes a serious problem when the at-fault driver’s policy limits are far below the actual cost of a serious crash. Beyond UM/UIM, collision and comprehensive coverages for the motorcycle itself often require a separate motorcycle policy or endorsement and are not automatic.
Comparative Fault and Motorcyclists in Oklahoma
Oklahoma follows modified comparative negligence, and motorcyclists are frequently assigned an unfair share of fault by insurance adjusters and defense attorneys. Common tactics include arguing the rider was speeding, lane-splitting, or less visible than a car. An experienced motorcycle accident attorney counters these arguments with accident reconstruction evidence, sight-line analysis, and documentation of the driver’s failure to check mirrors or blind spots before turning or changing lanes — the actual cause in the majority of car-versus-motorcycle crashes. Every percentage point of fault attributed to the rider reduces the recovery, making an attorney’s advocacy on this issue financially significant.
Frequently Asked Questions About Motorcycle Accident Claims
Does not wearing a helmet affect my claim in Oklahoma? Oklahoma requires helmets for all riders. If you were not wearing one, insurers may argue your head injuries were worsened by that choice, which could reduce damages for those specific injuries. Can I recover the cost of damaged riding gear? Yes — protective gear is personal property and its replacement cost is a recoverable damage. How soon should I contact an attorney after a motorcycle crash? Immediately. Skid marks fade, road debris gets cleaned, and witness memories erode quickly — early attorney involvement preserves the evidence that wins these cases.
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If you or a loved one has been injured, contact our experienced Oklahoma City motorcycle accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.